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Home My WebLink AboutTB-09/05/2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES September 5, 2006 7:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY I 1971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, September 5,2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the llleetingat7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Linda J Cooper Kieran Corcoran I. Reports Organization Town of South old Town of South old Town of South old Town of South old Town of South old Town of Southold Town of Southold To\Vll ofS01.ithold 1. Recreation Dellartwent Moiltldy Report July 2006 . . II. Public NotiCes 1. Public Health Hearing September 13,20066:00 p.m. to 8:00 p.m. Title Councilman Councilman Councilman Councilman Justice Supervisor Deputy Town Clerk Assistant Town Attoren 2. NYS DEC Notice of Complete Application Goose Island Corp Property, 49 Central Ave, Fishers Island, NY Status Present Present Present Present Present Present Present Present Arrived 3. Renewal of NYS Liquor Authority Farm Winery License Joseph Paul Winery, Inc. (Vineyards 48), 18910 Middle Rd., Cutchogue Page I September 5, 2006 Town of South old Board Meeting Minutes III. Communications IV. Discussion I. Animal Shelter Construction Re-bid Package 2. 9:00 A.M. - Community Development Corporation C&R's Suffolk County Development Agreement 3. ZBA Filing Fee Schedule 4. 11:00 A.M. Hamlet Stakeholders Mini Master Plan John Sepenoski & Mark Terry 5. 11:30 A.M. Targeted Farmland Preservation Fund 6. 12:00 Noon - Lunch 7. 1:00 P.M. Executive Session Cross Sound Ferry 8. Nature Conservancy Meeting - 9/12/06 9. Peconic Recycling & Transfer 10. Size, Height & Setback Standards Accessory Buildings 11. Proposal to Raise Fines for Code Violations 12. Strawberry Fields Request of Mattituck Lions Club 13. Cablevision Commission Mission Statement 14. Hiring Policy Resolution 15. Proposed Chapter 34 Mooring & Anchoring Page 2 September 5, 2006 Town of South old Board Meeting Minutes V. Minutes Approval 1. Tuesday, August 08, 2006 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the September 5th meeting of the Southold Town Board. Please rise for the Pledge of Allegiance. Okay, this is the point in the evening when you can come up and express your views on any subject that is on the agenda. Would anybody like to come up and address the Town Board? (No response) Okay, hearing none, we will move forward. 2006-707 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit 9/5/06 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 5. 2006. ./ Vote Record - Resolution RES-2006,;,707 Y~s!i\Y~ N'o~IlY Abstain Absent iii Adopted }\}1J~~pslci}r~ VOler iii 0 0 0 0 Adopted as Amended William P. Edwards VOler iii 0 0 0 0 Defeated Daniel C. Ross VOler iii 0 0 0 0 Tabled ThOIDas H.Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans L$~onder iii 0 0 Scott Russell Voter iii 0 0 0 2006-708 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting on September 19,20064:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, at the Southold Town Hall, Southold, New York at P. MoO ./ Vof'e Record - Resolution RES-200&-708 iii Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell VOler Voter Voter Initiator Seconder Voter yesl.4..ye iii iii iii iii iii iii NolNay o o o o o o Abstain o o o o o o Absent o o o o o o Page 3 September 5, 2006 Town of South old Board Meeting Minutes 2006-709 CATEGORY: DEPARTMENT: Attend Seminar Building Department Grant Permission to Chief Building Inspector Michael Verity and Fire Inspector Robert Fisher to Attend a Seminar on Code Enforcement Disaster Assistance Response In Brentwood RESOLVED that the Town Board of the Town of South old hereby !!rants permission to Chief Duildin!! Inspector Michael Verity and Fire Inspector Robert Fisher to attend a seminar on Code Enforcement Disaster Assistance Response in Drentwood. on November 14. 2006. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2006 Building Department budget (meetings and seminars). -/ Vote Record ~ Resolution RES-2006~709 Yes/Aye l"<lc:.!N~)' Abstain Absent ItI Adopted AlbertKrupski Jr. Initiator ItI 0 0 0 0 Adopted as Amended William P. Edwards Seconder ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrnwn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Initiator ItI 0 0 0 2006-710 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 General Fund Whole Town - Off Street Parking Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bud!!et as follows: From: A.5650.4.100.905 Off-Street Parking, C.E. Asphalt $ 900 To: A.3:' I 0.4.1 00.995 Traffic Control, C.E. Signs & Sign Parts $ 900 Page 4 September 5, 2006 Town of South old Board Meeting Minutes '" Vote Record - Resolution RES-20(t6.;71O 'y~s!~y~ Nf.)(N'ay Abstain Absent Ii'! Adopted ,Al~,ert,Kropski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham VOler Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Initiator Ii'! 0 0 0 2006-711 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Solid Waste Manal!:ement District budl!:et as follows: From: SR 8160.4.100.250 (Heating Fuel) SR 8160.4.100.525 (PayloaderlTruck Tires) SR 8160.4.100.560 (Maint - CAT ITI2) SR 8160.4.100.566 (Maint - CAT Quarry Truck) SR 8160.4.1 00.573 (Maint - Trommel Screen) SR 8160.4.100.590 (Maint - Mack Tractor) SR 8160.4.100.615 (Maint/Supply CAT 816) SR 8160.4.100.660 (Paper Leaf Bags) SR !) 160.4.400.1 00 (Engineering) SR 8160.4.600.200 (Meetings & Seminars) $ 3,000 2,000 7,000 1,000 1,000 500 2,000 2,500 1,000 2,000 To: SR 8160.4.100.550 (Maint-Komatsu Loader) SR 8160.4.100.596 (Maint/Supply Grinder) SR 8160.4.100.600 (Misc. Equip. Maint/Supply) SR 8160.4.100.650 (Town Garbage Bags) SR 8160.4.400.650 (Repairs CAT ITI2) $ 2,000 7,000 500 1,000 11,500 -/ Vote Record - Resolution RES-2006-711 Yes/Aye l'Ilf.)!Nay Abstain Absent Ii'! Adopted Al~ertJ<J:l1p~ki.J~. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards ,. Seco~der Ii'! 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 5 September 5, 2006 Town of South old Board Meeting Minutes 2006-712 CATEGORY: DEPARTMENT: Budget Modification Recreation ModifY the General Fund Whole Town 2006 Budget - Recreation RESOLVED that the Town Board of the town of Southold hereby modifies the General Fund Whole Town 2006 budl!et as follows: ./ Vote Record - Resolution RES-2006.712 FROM: A7180.4.400.200 A7020.4.100.100 A 7020.4.600.200 A 70'20.2.500.300 TO: A 7020.4.400.300 A 7020.4.600.300 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-713 CATEGORY: DEPARTMENT: (Water testing for beaches) (Office Supplies/Materials) (Meetings & Seminars) (Recreation Equipment) $ 444.00 $ 500.00 $ 600.00 $ 348.06 (Printing - Brochure) (Travel Reimbursement) $1,650.00 $ 242.06 Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Yes!~ye, It! It! It! It! It! It! :NOlNity o o o o Abstain o o o o o o Absent o o o o o o Voter Voter Voter Seconder Initiator Voter Employment - Town Accounting Hire Seasonal Clerk - Tax Receivers Office - Volins RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia Volinski to the position of a Seasonal Clerk for the Tax Receivers Office, effective December I, 2006, at a rate of $12.74 per hour. ./ Vote Record - Resolution RES-2006-713 Yes!~ye, NOlNay Abstain Absent It! Adopted ~l~~~ps~i.Jr~ Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! d 0 0 Page 6 September 5, 2006 Town of South old Board Meeting Minutes 2006-714 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the New York State Department of Transportation RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an al!:reement between the Town of Southold and the New York State Department of Transportation entitled Master Federal Aid and Marchiselli Aid Project Agreement for the North Fork Trail, Scenic Byway Interpretive Signage and Facilities Project. ./ Vote Record. Resolution RES~2006-714 Ye~AY~_ l'/()!NIiY Abstain Absent 0 Adopled Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-715 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Approves and Authorizes Supervisor Scott A. Russell to Execute the Development Agreement (And the Incorporated Development Plan) Among the County of Suffolk, the Town of South old and CDCLI Housing Development Fund Corp. RESOLVED that the Town Board of the Town of South old hereby approves and authorizes Supervisor Scott A. Russell to execute the Development Al!:reement (and the incorporated Development Plan) amont! the County of Suffolk, the Town of Southold and CDCLI Housinl!: Development Fund Corp., regarding the transfer of land for the purposes of providing affordable housing at The Cottages at Mattituck and for the County's financial contribution to that project, in substantially the form of the August 25, 2006 version of that Agreement provided by Suffolk County, subject to the approval and modification ofthe Town Attorney. Page 7 September 5, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution RE8-2006-715 \'t!~~Y~ NOll'lay Abstain Absent 6'1 Adopted Albert KIupsk,iJr. Voter 0 6'1 0 0 0 Adopted as Amended William P. Edwards Initiator 6'1 0 0 0 0 Defeated Daniel C. Ross Seconder 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 Withdmwn Louisa P. Evans Voter 6'1 0 Scott Russell Voter 6'1 0 0 0 2006-716 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney Approves the Declaration of Covenants and Restrictions for Affordable Housing At the Cottages At Mattituck RESOLVED that the Town Board of the Town of Southold hereby approves the Declaration of Covenants and Restrictions for Affordable Housinl!: at The Cottal!:es at Mattituck, in accordance with Article VI of Chapter 280 of the Town Code of the Town of Southold, to provide for the perpetual affordability of the units created by that project, in substantially the form of the August 28, 2006 draft version of such Covenants and Restrictions, subject to the approval and modification of the Town Attorney. ./ Vote Record - Resolution RES-2006-716 Y~s:!~Ye. NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 0 0 2006-717 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to James Richter to Attend a Auto Cad Computer Training Course In Hauppauge RESOLVED that the Town Board of the Town of South old hereby I!:rants permission to James Richter to attend a Auto Cad Computer Traininl!: Course in Hauppaul!:e. on September 6. 13.21 and 28. 2006. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2006 A.1680AAOO.200 budget (Computer Training). Page 8 September 5, 2006 Town of South old Board Meeting Minutes ,/ Vote Record w Resolution REg..2006~717 Y~~/AYt: l'<l()!J'illY Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham "Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-718 CATEGORY: DEPARTMENT: Affordable Housing Town Clerk Amend Resolution 2006-340, Adopted At the April 11, 2006 Regular Town Board Meeting - CDCLI RESOLVED that the Town Board of the Town of South old hereby amends resolution 2006- 340. adopted at the April 11. 2006 reeular Town Board meetine to read as follows: WHEREAS, the Town of Southold has established a Transfer of Development Rights Program whereby Sanitary Flow Credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and WHEREAS the TDR Bank currently has 21.4 credits on deposit from lands purchased by the Town of South old that are located within the Mattituck-Cutchogue School District; and WHEREAS an application for transfer of Sanitary Flow Credits was filed by the CDCLI Housine Development Fund Corporation on March 2, 2006 seeking transfer of 12 credits to the property known as SCTM# 1000-122-2-23.1 located on Sound Avenue and Factory Avenues in Mattituck, in the Mattituck-Cutchogue school district; and WHEREAS the applicant seeks to utilize the credits on land designated as Affordable Housing District (AHD) to create affordable homes that will remain affordable in perpetuity, pursuant to Town Code Sections 100-50 et ai, and Chapter 87; and WHEREAS the applicant seeks to utilize the credits on land within a designated receiving area; and it is hereby Page 9 September 5, 2006 Town of South old Board Meeting Minutes WHEREAS the Town Board held a public hearing on the action on March 28, 2006, at which time all persons were given the opportunity to be heard; and WHEREAS the applicant modified its application and now seeks the transfer of 10 credits, to create a development of 22 affordable homes on the aforementioned property; and WHEREAS the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on April II , 2006; and it is hereby RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that that there will be no significant environmentally damaging consequences and that such devtolopment is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporates the report of the Planning Board dated April 10, 2006 regarding the same; and it is further RESOLVED that the Town Board of the Town of Southold hereby transfers ten (10) sanitary flow credits from the Town TDR Bank and to the CDCLI Housine Development Fund Corporation for its proposed development of22 single family affordable homes for the "Cottages of Mattituck" development at SCTM# 1000-122-2-23.1; and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of ten (10) sanitary flow credits from the Sanitary Flow Credit Log; and be it further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants Page 10 September 5, 2006 Town of Southold Board Meeting Minutes and restrictions required by Town Code Section 87-9 have been filed and such filing has been approved by the Town Attorney; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ./ Vote Record. Resolution RES-2006-718 6'1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn j\}~~.~p~~i.!r. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Initiator Seconder Voter Yes/Aye o 6'1 6'1 6'1 6'1 6'1 NolNay 6'1 o o o o o Abstain ' Absent o 0 o 0 o 0 o 0 o 0 o 0 2006-719 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District McLean Transfer Station Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase to the professional en2ineerin2 services contract of L.K. McLean Associates. P.C. dated September 7. 2005. as amended bv Town Board Resolution No. 2006-561. in the amount of $12.000 for completion of construction oversi2ht and certification of the Cutch02ue Transfer Station Proiect, using contingent engineering funds available in the 2006 Solid Waste Management District budget, all in accordance with the approval of the Town Attorney. .;' Vote Record - Resolution RES-2006-719 iii Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-720 CATEGORY: DEPARTMENT: A!~l<.I-1IpsIciJr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Contracts, Lease & Agreements Town Attorney Initiator Seconder . Voter 'Voter Voter Voter y eS(AY~ 6'1 6'1 6'1 6'1 6'1 6'1 1'li)!Nl.lY o o o o o o Abstain o o o o o o Absent o o o o o o Authorizes and Directs Supervisor Scott A. Russell to Execute a Service Agreement Between the Town of Page II September 5, 2006 Town of Southold Board Meeting Minutes Southold and Verizon Services Corp RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Al!:reement between the Town of Southold and Verizon Services Com. regarding the conversion ofthe Town's telephone lines to Centrex lines, subject to the approval of the Town Attorney. .,. Vote Record - Resolution RES-2006-720 XPcsfAye l'li)/NIIY Abstain Absent Ii'! Adopted 1\l\:JeJ1,~ps~iJr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-721 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Grant Permission to the Mattituck Lions Club to Use Strawberry Fields on Friday, September 29 Thru Sunday, October 1, 2006 RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission to the Mattituck Lions Club to use Strawberrv Fields on Fridav. September 29 thru Sunday. October 1.2006 beginning at 8:00 AM provided that they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ./ Vote Record - Resolution RES-2006.;.721 Y~s!Ay_~ JIIlll!NIIY Abstain Absent Ii'! Adopted AIl>~l<J:up.s1ci}r~, Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 Ii'! 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-722 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to Contract #C006213 Page 12 September 5, 2006 Town of Southold Board Meeting Minutes Between the Town of Southold and New York State Relating to Implementation of Priority L WRP Projects RE~OL VED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Amendment to Contract #C006213 between the Town of Southold and New York State relatinl! to Implementation of Priority L WRP Proiects, said Amendment to extend the funding for the Agreement to March 31, 2007, subject to the approval of the Town Attorney. -/ Vote Record ~ Resolution RES-2006-72l X~~AYe: l\'()!N"y Abstain Absent Ii'! Adopted AIl>~~psI<iJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-723 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center ModifY the 2006 General Fund Whole Town Budget - HRC RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!et as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging Part Time Earnings $1,000.00 To: Appropriations: A.3640.2.500.600 Emergency Preparedness Shelter Equipment $1,000.00 -/ Vote Record - Resolution RES-2006-723 Ye<lAye l'J()'NJiY Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 Scott Russell Voter Ii'! 0 0 0 Page 13 September 5, 2006 Town of South old Board Meeting Minutes 2006-724 CATEGORY: DEPARTMENT: Employment - Town Human Resource Center Hiring Part Time Mini Van Driver/HRC RESOLVED that the Town Board of the Town of Southold hereby appoints Maureen Campbell to the position of Part Time Driver for the Department of Human Services, effective September II , 2006, at a rate of $11.67 per hour. .t' Vote Record ~ Resolution RES-2006-724 Yes/Aye NolNay Abstain Absent iii Adopted AJb(7t I<rupski Jr. Voler iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voler iii 0 0 0 2006-725 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney Set 3Rd Day of October. 2006 At 8:00 PM At the Southold Town Hall. Main Road. Southold As the Time and Place for a Public Hearing Regarding the Excavation Permit of North Fork Country Club WHERE as there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 5th day of September, 2006 an application for a permit for soil removal, sand and gravel pit or other excavation purposes from the North Fork Country Club located at Route 25, Cutchogue, New York NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of South old will hold a public hearine: on the aforesaid application at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 3'd day of October. 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The purpose of the permit is to excavate for an irrigation pond for the purpose of a new water source for the golf course irrigation system. The proposed pond is approximately 82,000 square feet of surface. It is estimated that approximately 17,400 cubic yards of soil will need to be Page 14 September 5, 2006 Town of Southold Board Meeting Minutes excavated, with 6,301 cubic yards to be retained on site in connection with covering the PVC pond liner, and 11,099 cubic yards to be disposed off site. The complete application and site plan is available for viewing at the Southold Town Clerk's office during normal business hours. ". Vote Record - Resolution RES-2006-72S Yes(t\ye N~!NIlY Abstain Absent 0 Adopted ,'\lber"tKrupski .Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-726 CATEGORY: DEPARTMENT: Consulting Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute L.K. McLean Associates' Cost Proposal Dated August 23, 2006 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute L.K. McLean Associates' Cost Proposal dated AUl!ust 23, 2006, for engineering services in connection with the re-bid of the Southold Town animal shelter construction project, in an amount not to exceed $8,000.00, subject to the approval of the Town Attorney. ". Vote Record - Resolution RES-2006.726 Ye~AY~ N,~!Nay Abstain Absent 0 Adopted ~lb~KruP~~ik Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross "Voter 0 0 0 0 0 Tabled Thomas H. Wickham 'Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans "ioter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-727 CATEGORY: DEPARTMENT: Employment - Town Police Dept Chat.'ge Employment Status From Seasonal to Part Time for Bay Constable Robert Conway RESOLVED that the Town Board of the Town of Southold hereby changes the status of Bay Constable Robert Conway from Seasonal to Part Time Bay Constable effective Friday. September 15. 2006. Page 15 September 5, 2006 Town of Southold Board Meeting Minutes ".. Vote Record - Resolution RES-2006~727 Yes/Aye No/Nay Abstain Absent ItI Adopted ,J\,l~~,~p~~,~~., ~ 'Voter ItI 0 0 0 . 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Initiator ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Seconder ItI 0 0 0 Scott Russell Initiator 6'1 0 0 0 2006-728 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bud!!:et as follows: From: A.3) 20.4.600.200 Police, C.B., Misc. Police Officer Training $2,373.00 To: A.3120A.600.250 Police, C.B., Misc. Fl Constable Training $2,373.00 0/ Vote Record - Resolution RES-2006.728 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa p, Evans Initiator 6'1 0 0 0 Scott Russell Voter ItI 0 0 0 2006-729 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Frederick D. Bell to the Position of School Crossing Guard RESOLVED that the Town Board of the Town of Southold hereby appoints Frederick D. Bell to the position of School Crossin!!: Guard for the Police Department at the Pike Street and Wickham Avenue traffic post, effective September 6, 2006, at a rate of $41.89 per day. Page 16 September 5, 2006 Town of Southold Board Meeting Minutes ,/ Vote Record- Resolution RE8-2006-729 Y~s!Aye, l'lll!N!l)' Abstain Absent iii Adopted ,,!\Il>~I<rupski JL, Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross 'Yoter iii 0 0 0 0 Tabled Thomas H. Wickham ' 'initiator iii 0 0 0 0 Withdrnwn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-730 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney CDCLI Road and Subdivision Improvements for the Cottages At Mattituck WHEREAS, the Town Board of the Town of Southold has reviewed a request by CDCLI Housing Fund Development Corporation to provide for a road within its subdivision known as the Cottages at Mattituck, SCTM #1000-122-2-23.1, which will contain a section having a maximum road width of 46.5 feet; and WHEREAS, the subdivision is within the AHD Zoning District of the Town and the owner has represented to the Town that it will construct a 22 unit housing development meeting the criteria of the AHD zone and other Town requirements; and WHEREAS, the owner has advised the Town that in order for the affordable housing development to be manageable for the residents of the development, it intends to complete the road and subdivision improvements to Town specifications and offer same to the Town for dedication; and WHEREAS, Section 171 of the NYS Highway Law requires a Certificate of Necessity from the NYS Department of Transportation prior to the Town's acceptance of dedication of such a roadway inasmuch as it is less than three rods in width; and WHEREAS, the Southold Town Highway Superintendent has certified that the road, upon construction in accordance with Town specifications and other requirements of the Planning Board and Town of Southold, will be maintainable within the diminished right of way and that it is necessary that the roadway be less than three rods in width. Page 17 September 5,2006 Town of South old Board Meeting Minutes NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of South old endorses the Highway Superintendent's acceptance of the reduced road width as shown on the preliminary map approved by the Planning Board and endorsed by the Chairman, and requests the NYS Department of Transportation to issue a Certificate of Necessity under Highway Law 171 permitting the reduced road width; and it is further RESOLVED that this resolution shall not release the owner from any other conditions of the Town, the Planning Board or the Highway Superintendent in connection with the offering and acceptance of the road for dedication to the Town highway system. '" Vote Record - ResolutioD REs..2006-730 6'1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn _!\I~~__~p~lci_!~~ William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Initiator Voter ,__ ~econ~el" Voter Voter Ye.sfA'/e. o 6'1 6'1 6'1 6'1 6'1 N()fJ\lay 6'1 o o o g Abstain o o o o o o Absent o o o o o o 2006-731 CATEGORY: DEPARTMENT: Policies Town Clerk Establish a Full Time Hiring Policy RESOLVED the Town Board of the Town of South old hereby establishes the followinl!: with respect to full time hirinl!: decisions: As soon as a Department Head becomes aware that a full time position will become vacant, the Department Head shall advise the Town Board and the Town Comptroller bv memorandum of the impendinl!: vacancv and shall include in said memorandum the Department Head's recommendation as to whether the position should be filled and, if so, confirmation that there are funds available and the particular budget line from which the funds are to be used. Page 18 September 5, 2006 Town of Southold Board Meeting Minutes Upon receipt of the memorandum from the Department Head, the Town Comptroller shall request that a discussion item pertaining to the impending vacancy and the Department Head's recommendations be placed on the next Town Board work session agenda. That upon the Town Board's determination to fill any non-competitive position, the Board shall direct the Town Clerk to place an advertisement in the town's official newspaper seeking applications for the vacancy. In the event that the Department Head determines that an emergency situation exists that requires the filling of the position prior to the Town's ability to advertise for the non-competitive position, the Department Head, in the memorandum advising of the vacancy, shall set forth the basis for the emerl!encv situation determination and shall request that the advertisinl! requirement be waived. In all other circumstances, a vacancy for a non-competitive full time position shall be advertised. ./ Vote Record - Resolution RES-2006.731 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross 'initiatOr iii 0 0 0 0 Tabled Thomas H. Wickham , ~t:(;ond~ iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-732 CATEGORY: DEPARTMENT: Strawberry Fields Town Attorney Grant Permission to the Mattituck Lions Club for the Placement of Three Temporary Storage Containers In an Area Upon Strawberry Fields RESOLVED that the Town Board of the Town of Southold I!rants permission to the Mattituck Lions Club for the placement of three temporary storal!e containers in an area upon Strawberry Fields, with no part of such containers to be visible from County Route 48, for a period not to exceed one year. Page 19 September 5, 2006 Town of Southold Board Meeting Minutes '" Vote Record - Resolution RES-2006-732 yeslAye NO~IlY Abstain Absent Ii'! Adopted ~l~ Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross .Y()t~ 0 0 Ii'! 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans "'initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-733 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Establish Cable Television Committee. Set Forth Its Mission Statement and Direct the Town Clerk to Advertise for Members. RESOLVED that the Town Board of the Town of South old hereby establishes a Southold Town Cable Television Committee and sets forth its mission statement as follows: The committee shall be constituted oftive (5) individuals from the Southold Town community and appointed by the Southold Town Board to address issues regarding the cable television industry and advise the Town Board of the same. The term of each member shall be two (2) years and shall be unsalaried. Such further issues shall be addressed by the committee: . Changes in policy/procedure by Cablevision of Long Island that my impact local resident subscribers; . Issues including the franchise agreement and adherence to same; . Recommend fair, equitable and non-partisan guidelines and policies for access to Channel 22 and provide particular guidelines for elected government officials and office seekers; . Establish community links and develop liaisons with the community for greater public participation in utilizing Channel 22 for education, public welfare, educational student produced programming and the like; . Any business that comes before it pertinent to its charge And be it further RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for members to the Cable Television Committee. Page 20 September 5, 2006 Town of South old Board Meeting Minutes '" Vote Record - ResolutiooRES-2006,. 733 X e:~~ye l"fC)f1IJllY. Abstain Absent iii Adopted J\l~~_~ps~_!~_.____ Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter Ii<! 0 0 0 2006-734 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire FI Part-Time Call-In Deckhand Robert Dumochel RESOLVED that the Town Board of the Town of Southold hereby appoints Robert M. Dumochel to the position of a part-time "Call-in" Deckhand for the Fishers Island Ferry District, effective September 5, 2006, at a rate of $ 11.00 per hour. ./ Vo'e Record'" Resolution RES-2006-734 Yes/Aye N()!NllY Abstain Absent 11'1 Adopted Albel't_~ps~~_Jr. Initiator 11'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 11'1 0 0 0 0 Defeated Daniel C. Ross Voter 11'1 0 0 0 0 Tabled Thomas H. Wickham 'Voter 11'1 0 0 0 0 Withdrawn Louisa P. Evans <Yoter 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2006-735 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRAfor Fishers Island Zone Change WHEREAS, the Town Board of the Town of South old completed an uncoordinated SEQR Review of an unlisted action involving the rezoning of a 0.9 acre parcel (SCTM #1000-9-8-2) as well as an adjacent parcel (SCTM #1000-9-8-3.4) located off of Reservoir Road on Fishers Island, from their current MIl zoning district designation to the R -40 residential district; and WHEREAS, the parcels to be rezoned already accommodate existing residential uses, and parcel 1000-9-8-3.4 will be restricted by covenants limiting the further building on that parcel; and Page 21 September 5, 2006 Town of South old Board Meeting Minutes WHEREAS, the rezoning of the parcels from MIl to R-40 will limit the intensity of uses on those parcels; NOW, THEREFORE, BE IT RESOLVED that pursuant to Part 617 of the SEQR Regulations, the Town Board ofthe Town of South old hereby confirms its designation as the Lead Agency for the uncoordinated SEQR Review of this Action. BE IT FURTHER RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the Full Environmental Assessment and Negative Declaration Form. .;' Vote Record - Resolution RES-2006-73S Y~~AY~ l'JO~ll:Y Abstain Absent It! Adopted 1\lb~~ps~i !r. Seconder It! 0 0 0 0 Adopted as Amended William p, Edwards Initiator It! 0 0 0 0 Defeated lJafiief C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham 'Yoter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-736 CATEGORY: DEPARTMENT: Seqra Town Clerk A Local Law In Relation to Extending the Expiration Date of the Two Percent (2%) Real Estate Transfer Tax Imposed In Connection with the Town Community Preservation Fundfor Ten Years Until December 31,2030" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of Southold hereby fmds that the adoption of the local law entitled" A Local Law in relation to extendin2 the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten vears until December 31. 2030" is classified as a Tvpe 11 Action pursuant to SEORA Rules and Re2ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Page 22 September 5, 2006 Town of South old Board Meeting Minutes ,/ Vote Record ~ Resolution RES-20()6... 736 Y~sj_Ay~ N~!NllY Abstain Absent Iil Adopted Albert I<.rupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross '-IIiitiator Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-737 CATEGORY: DEPARTMENT: Seqra Land Preservation Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of the Young Property WHEREAS, the Town Board of the Town of South old wishes to purchase property owned by Marian G. Young (or the successors thereto) for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of South old. Said property is identified as SCTM #1000-125-1-6.3. The address is No # Route 25, and the property is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79"= acre portion of the property for open space preservation purposes; and WHEREAS, the entire property totals 21.9 acres which includes 275"= feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000-125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 10.79"= acre area; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SGP A) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails; and Page 23 September 5, 2006 Town of Southold Board Meeting Minutes WHEREAS, as per Chapter 117 (Transfer of Development Rights) ofthe Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of this property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby fmds no sil!nificant impact on the environment and declares a nel!ative declaration pursuant to SEORA Rules and Rel!ulations for this action. ./ Vote Record - ResolutionRES-2006-737 Ii!I Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn AI,b~~p~kiJr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter "Voter "" seconder Initiator Voter y ~~~y~ Ii!I Ii!I Ii!I Ii!I Ii!I Ii!I N()~IlY o o o o o o Abstain o o o Absent o o o 2006-738 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact the Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion ofSCTM#lOOO-9-8-2 Presently Zoned As M-lI. As Page 24 September 5, 2006 Town of Southold Board Meeting Minutes Well As SCTM #1000-9-8-3.4, From M-II to R-40". WHEREAS, the Town Board of the Town of South old has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4:t acres ofwatemont land on Fishers Island in the R-80 zone identified as a portion ofSCTM #1000-9-8-2; and WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and WHEREAS, in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion ofSCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from M-II to R-40; and WHEREAS, rezoning of the subject sites as residential is consistent with the existing and surrounding uses ofthe properties and the neighborhood; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 ofthe Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, that pursuant to the requirements ofNYS Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board ofthe Town of South old held a public hearin!! on a proposed Local Law entitled "A Local Law to amend the Zonin!! Map of the Town of Southold by Chan!!in!! the Zonin!! Desi!!nation of that portion of SCTM #1000-9-8- 2 presently zoned as M-ll. as well as SCTM #1000-9-8-3.4. from M-ll to R-40", now therefor be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled "A Local Law to amend the Zonin!! Map of the Town of Southold by Chan!!in!! the Zonin!! Desi!!nation of that portion of SCTM #1000-9-8-2 presently zoned as M-ll. as well as SCTM #1000-9-8-3.4. from M-ll to R-40", which reads as follows: Page 25 September 5, 2006 Town of South old Board Meeting Minutes Local Law No. -11- of 2006 Section 1. Purpose The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as 1000-9-8-2 presently zoned as M-II, as wen as SCTM #1000-9-8-3.4, from M-II to R- 40. Section 2. Code Amendment The re-zonings shall be conditioned upon the closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as wen as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The re-zonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. Section 3. Severability If any clause, sentence, paragraph, section, or part of this Local Law shan be adjudged by any court of competent jurisdiction to be invalid, the judgment shan not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shan take effect immediately upon filing with the Secretary of State as provided bylaw. ./ Vote Record ~ Resolution RES-2006..738 Y4.!~AY_4.!_ l'lCl'NllY Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans 'Initiator iii 0 0 0 Scott Russell Voter- iii 0 0 0 34. Statement SUPERVISOR RUSSELL: We have five minutes before we can start this public hearing. ASSISTANT TOWN ATTORNEY CORCORAN: What we can do is we can deal with the public hearing that was opened on Fishers Island with regard to the zone change about which we just read the SEQRA resolution. That has been held open a few meetings pending receipt from Page 26 September 5, 2006 Town of Southold Board Meeting Minutes Suffolk County and of their determination of a matter of local significance and our SEQRA findings which we have just adopted tonight. We have held it open, you can ask if there are any further comments from the public on that and if not, you can close the hearing and take any action you wish. SUPERVISOR RUSSELL: I doubt if the answer is yes, but would anybody like to comment on the public hearing with regard to the purchase of property on Fishers Island? ASSIST ANT TOWN ATTORNEY CORCORAN: Actually rezoning. SUPERVISOR RUSSELL: The rezoning, that is right. COUNCILMAN EDWARDS: Do we need to recess for that purpose? SUPERVISOR RUSSELL: I can take a motion to close the hearing, right? Nobody wanted to comment. 35. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a Dublic hearinl!.. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2006-739 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact the Proposed Local Law Entitled, "A Local Law In Relation to Extending the Expiration Date of the Two Percent (2%) Real Estate Transfer Tax Imposed In Connection with the Town Community Pres~rvation Fundfor Ten Years Until December 31,2030 WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of August, 2006 a Local Law entitled "A Local Law in relation to extendinl!. the eXDiration date of the two Dercent (2%) real estate transfer tax imDosed in connection with the Town Community Preservation Fund for ten years until December 31. 2030" and Page 27 September 5, 2006 Town of South old Board Meeting Minutes WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to extendinl! the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten vears until December 31. 2030" reads as follows: LOCAL LAW NO. ..M.... 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31, 2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 ofthe Laws of 1998. Said Local Law was approved by electors ofthe Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April 1, 1999. By Chapter 250 of the Laws of2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. The Town Board did enact Local law 49 of 2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. Page 28 September 5, 2006 Town of South old Board Meeting Minutes The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres ofland for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31,2020. The State has enacted a Chapter of the Laws of 2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. 11. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of South old is hereby amended as follows: S 17-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in S 1449-bb of Article 31- D of the Tax Law. This Article shall take effect on March I, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, ~ 2030. III. Proposition. Pursuant to a Chapter of the Laws of 2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7,2006: "SHALL LOCAL LAW NO. 14 OF 2006, ENTITLED' A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. SEVERABILITY Page 29 September 5, 2006 Town of Southold Board Meeting Minutes If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7, 2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. ./ Vote Record - Resolution RE8-2006-739 Yes/Aye l'Il~lNay Abstain Absent 0'1 Adopted Albert Krupski Jr.. Seconder 0'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 0'1 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 0'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0'1 g 0 0 Scott Russell .Y()ter 0'1 0 d 2006-740 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Elect to Purchase the Property Owned Marian G. Young (Or the Successors Thereto) WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by Marian G. Young (or the successors thereto) on this 5th day of September, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-125-1-6.3 and No # Route 25 and is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west ofthe LlRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 1 O. 79~ acre portion of the property for open space preservation purposes; and Page 30 September 5, 2006 Town of Southold Board Meeting Minutes WHEREAS, the entire property totals 21.9 acres which includes 275010 feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000-125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 10.79010 acre area; and WHEREAS, the estimated purchase price for the 10.79010 acre (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of $IOO,OOO/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SGP A) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, Page 31 September 5, 2006 Town of Southold Board Meeting Minutes and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of aquifer protection and open space purposes; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to Durchase the DroDertv owned Marian G. Youn2 (or the successors thereto). Said property is identified as SCTM #1000-125-1-6.3. The address is No # Route 25 and is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79:10 acre area (subject to survey) for open space preservation purposes. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails The estimated purchase price for the 10.79010 acres (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of$lOO,OOO/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town's Community Preservation Fund. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the L WRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Page 32 September 5, 2006 Town of Southold Board Meeting Minutes Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. ,/ Vote Record ~ Resolution RES-2006-740 y~s/ Aye N~INIlY Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross 'Voter It! 0 0 0 0 Tabled Thomas H. Wickham 'Itlitiator It! 0 0 0 0 Withdrawn Louisa P. Evans ;...~\::(:()r!9c:r It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-741 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint John Kirincic to the Position of Bay Constable RESOLVED that the Town Board of the Town of Southold hereby appoints John Kirincic to the position ofBav Constable for the Marine Division of the Police Department, effective September 18, 2006, at a rate of $34,888.65 per annum. ,/ Vote Record - Resolution RES-2006-741 X~s/~y~ NolNay Abstain Absent It! Adopted AI1?ert~p~~i,Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 39. Statement SUPERVISOR RUSSELL: Okay. That concludes the business on the agenda. Would anybody like to come before the Town Board and address the Town Board on any issue of mutual interest? FREDDIE WACHSBERGER: Hi, Freddie Wachsberger, President of Southold Citizens for Safe Roads. I wanted to take this opportunity to, because it is the one year anniversary of our rally that we held at Orient Point last Labor Day to focus on a couple of issues. I know that things are proceeding, we don't know exactly what state things are in so I will ask you about that in a bit but it seemed a good opportunity to give to you the preliminary responses to a petition which is a two part petition, part of it is in the Town Board encouraging you to pursue legislation Page 33 September 5, 2006 Town of South old Board Meeting Minutes to control the increase of ferry traffic and the other part is the ZBA to ask the ZBA to deny parking on the residential property at Orient Point. So there are just a couple of points that I want to make about this and address some of the issues that have been sort of floating around and bring some of the issues in to talk about very briefly. First of all, I have divided this petition up into communities. (Inaudible) Orient and East Marion don't care about the issue, these are the petition responses from Orient and East Marion, this is the rest of the Town. The fat envelope in there is Southold hamlet. And I think if you were to look at the 1,000 petitions that we delivered to the previous Town Board asking the Town Board not to allow parking on the residential parking at Orient Point, you will find the same kind of distribution. This is a townwide issue and it is why Southold Citizens was spun off from the Orient Association, just realized that this was an issue that affected the Town and not just Orient or Orient-East Marion. I wanted to address also the sort of conventional wisdom that the Town is divided on this issue and of course it is. The Cross Sound ferry has been doing a media blitz, on the radio, in the free newspapers and e- mail chains. Of course, there is no way that, not that we don't try to do education on this issue, but there is no way we can compete with that overwhelming media blitz and I think that you guys can play a role in educating the public on the issues involved in this. I also wanted to address, in part this comes from the editorial that was in the Suffolk Times; by the way, about the split, the idea that people west of Mattituck don't really care about this issue, I do have to say that if the traffic were to continue growing as it has grown over the last 20 years, 1 say just wait a couple of years and those people will be saying 'why didn't you do something?' 1 want to address the issue that Cross Sound has raised with their conflict of interest in using Steve Schneider for traffic studies. This is a totally irrelevant issue. I have to say that a few years ago, 1 asked about conflict of interest when 1 saw that Dunn Engineering did the traffic study for Cross Sound and 1 asked who is also doing the traffic study for SEEDS. 1 said isn't this a conflict of and 1 am told no, engineers are used by many different entities. They do what they do, they present the facts, data and there is no conflict of interest. If that is not a conflict of interest than certainly SCSR's (inaudible) $2,000 employment of Steve Schneider to do a very limited parking study is really totally irrelevant. Anyway, a couple of issues that 1 want to bring to the post. There is a way obviously, in which Greenport, Orient and East Marion are impacted by this in a way that the rest of the Town isn't and that way it is impacted is, although it is Orient, East Marion and Greenport, is particularly of importance to Southold Town as a whole. 1 attended a meeting of the Transportation Committee the other day and was given a copy of their minutes and they said that Steve Schneider had appeared at a previous meeting to make a preliminary report on what he is doing. It says that with regard to the Cross Sound ferry, it pointed out that it is part of the inter-state highway system and will therefore not be scaled back, in fact, federal money has been made available to improve the ferry terminals because it is in the government's interest to reduce traffic on 1-95. 1 think this concept really has to be focused on. Everybody knows what 1-95 looks like. We also know that Route 48 was designed as a pass through road to take the interrupted traffic off of 25 that runs through the villages and gives an opportunity for pass through traffic which is becoming less and less true, of course as traffic lights and traffic circles are contemplated on that road. The fact is that road ends in Greenport, it was never designed, never meant to go to Orient Point. What happens in Greenport is that the road from Greenport to Orient Point is a single lane in each direction, it was in fact laid out as you probably know, in the 17th century to give the original settlers access to their farm fields in Oyster Ponds, which Orient and East Marion was called, and was called the Kings Highway. It Page 34 September 5, 2006 Town of South old Board Meeting Minutes is lined with 19th century, some 18th century, at least one 17th century home that I know is on the historic registry, on the national registry. It runs in part through the Orient National Historic District. It is flanked by farm fields, some of which are farmed by descendants of the original settlers and many of which have been preserved under the various agricultural preservation initiatives in Southold Town. There is no way that this road is an interstate highway or that it can be. And I think the concept is so dangerous because you know what happens when the DOT wants to keep traffic moving and what we have when we get to Greenport between Greenport and Orient Point is a bottleneck. You get a big road coming through, you have 1-95 on the other side, you have this one, little historic road. If they want an interstate highway that includes ferry traffic, water traffic, it should go from there to Shoreham where there is a huge road that will take the traffic right down and connect with 495, that is an interstate highway. Route 25 through Orient-East Marion is in no way and cannot be an interstate highway and we cannot let the enormous economic engine of southern Connecticut with its casinos and Nascar races and fairs, impact and destroy a community that is an essential part of Southold Town. An essential part because of just the very things you have been talking about just the very things you have been talking about with the 2% and Mr. McDonald was talking about all the efforts to preserve the historic character, you preserve a rural character. To preserve the access to the water. Enlarging, widening that road, which would be an ultimate goal of the DOT to keep traffic moving would destroy an entire community, an essential part of Southold Town, which developed as a scenic byway, a state approved scenic byway. Which has put money into preserving farms, it is an essential part of the second home industry of Southold Town. It is an essential part of the tourism industry in Southold Town. We cannot let Connecticut destroy this community. It is not just Orient-East Marion, it is Southold Town. It is an intrinsic part of Southold Town and it is essential that we consider it, we focus on this particular aspect of this whole issue. Secondly, I want to talk about parking and again we hear rooted, if you give us the parking to take the cars off Route 25; now, number one, without serious, totally enforceable legislation against exprnsion, it will not solve the parking problem on Route 25, it will simply give Cross Sound ferry the opportunity to put in a couple more runs of the Sea Jet. That is what they are asking for, 450 cars out there. That is at least a couple more runs a day, the Sea Jet back and forth. It is 900 cars additionally everyday on the road and they will still continue to grow and spill out over their property as they always, always have and the only way to get the cars off the road and make Route 25 safe is to get the, safer, whichever other can do it, to put up no parking signs there and to make sure they are enforced. That is the only way to keep cars off. So let me address parking on that residential property in two ways. First of all, that until and unless there is legislation and it is legislation that stands up to appeal, until that time, this is the only tool that the Town has to control the increase of traffic caused by the ferry, the only tool you have is limiting expansion beyond the present site into that parking area. It is the only tool you have. Excuse me if I sound like I am lecturing but that was my profession, so it is a habit, I am sorry, so I apologize for that. But that is why it has to be, the first reason it has to be considered extremely seriously. The second, as we know, it is a critical environmental area. But I don't think we pay enough attention to what that means. When we talk about the environment, people think that it has to do with preserving some threatened salamander or something like that, in fact the environment is all about our health. It is about the water that we drink, it is about the air that we breathe, it is about the food that we eat. Critical environmental area, it was designated by Suffolk County under the aegis of the State Department, the State Department of State, in 1988 it was one of only three at Page 35 September 5, 2006 Town of Southold Board Meeting Minutes that time designated by the County, three areas of Southold Town. The others are Robbins Island and Inlet Pond. Subsequently Southold Town designated some others but at that point, it was one of only three and you are probably very familiar with the purpose of critical environmental area designation, I will just read to you from the Department of State, 'to be designated as a CEA, an area must have an exceptional or a unique character with respect to one or more of the following: the benefit or threat to human health, a natural setting, for example, fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality, agricultural, social, cultural, historical, archaeological, recreational or educational values are inherent, ecological, geological, hydrological sensitivity to change that may be adversely affected by any change. Following designation the potential impact etc. etc., (inaudible) pursuant to section 670.7 ofSEQRA' so this is not just some open area on which you could put cars, this is a critical, critical area and it is surrounded by the state park which is a national, natural monument and on the other side by the county park. So we have federal, state, county and local, through the residential zoning, interest coming together there to preserve this very seriously ecological, important and fragile area. In 1993, the Suffolk County Water Authority, before the passenger ferry was brought in, the Suffolk County Water Authority said there should be no extension parking at Orient Point because the fragility of the aquifer, it is one of the most fragile aquifers in Southold Town and in Suffolk County. Aquifer is the water we drinl.. The last point I want to make because this has been sort of booted about, is the idea of some time of compromise, coming to some kind of compromise or agreement with Cross Sound ferry. No agreement that isn't airtight, legally defendable, legally enforceable, legally enforced or legally enforceable will be worth its weight, (inaudible) and I say that based on the history, which goes back even to 1984 where for example, Jim McMahon and the Planning Board hearing which was addressing the potential construction of the new office down there which was constructed with taxpayer money, state and local taxpayer money, assured the Planning Board on the part of the Cross Sound ferry that this was only an enhancement, it had nothing to do with expansion, not only would Cross Sound not expand its numbers of crossings but it would even take out the Cape Henlopen which (inaudible) and replace it with one of the smaller boats and this was their absolute guarantee to the Planning Board that this was what was going to happen. Well, we all know what happened. I mean, they never even complied with the site plan that was approved at that time, so we can't really talk about compromises and agreements without legally binding, legally forceable, legally enforceable to the point where also no future Town Board for exarnple, might be able to turn their back on it the way previous Town Board's have (inaudible) with these issues. I know that this is a very difficult issue for the Board to confront, I, we all thank you very much for being in fact, the first Town Board (inaudible) that would come to grips with this issue. And we would like to know if there is anything you can tell us about the status, present, of the lawsuit that you have been contemplating to bring Cross Sound at least to the tablt, with a comprehensive site plan, the site plan review. Is there anything you can tell us about it? SUPERVISOR RUSSELL: Kieran? ASSISTANT TOWN ATTORNEY CORCORAN: The lawsuit is proceeding. There is currently still a motion for preliminary injunction outstanding. That is not particularly on the fast track but discovery has been instituted in the lawsuit. The Town has requested various ridership Page 36 September 5, 2006 Town of South old Board Meeting Minutes and historical data from Cross Sound, is hopeful of getting that shortly and is going to proceed with the injunctive relief sought in the original complaint. That is what I can tell you at the moment. We await the results of the traffic study. In the near future we will be getting some more reports on that and everything is proceeding. MS. W ACHSBERGER: Okay. Thank you very much. Thanks for your time. SUPERVISOR RUSSELL: I just want to say real quick that actually the Town Board, we had a rather lengthy executive session on this today and I do have to say and I can't speak for everyone here but I think there is a genuine resolve and I think everyone on this Board is very like minded in the approach. There are certain nuances to the approach that we might have minor disagreements on but the general sense of the Board, I think, is to do the same thing. And I think we are all pretty committed to that task. So this isn't one of those issues that divides the Board of six here. MS. W ACHSBERGER: Thanks very much. It is very reassuring to hear it and understanding where (inaudible). SUPERVISOR RUSSELL: Thank you. Would anybody else like to come to the Town Board and address any issue of mutual interest? ANNE MURRAY: Hi, Anne Murray, I live in East Marion. I am a member of the North Fork Environmental Council (inaudible). And I wanted to check back with the Town Board because the NFEC meeting (inaudible) actually in July, about the Trustees approval of a permit for Tsai by Kenney's beach in Southold. And we haven't gotten a reply yet. We were wondering what is happening with that? A reply to our letter to you asking to take action about it. SUPERVISOR RUSSELL: I have actually, I personally talk to the Trustees with regularity to try to develop some consensus from them. I don't know if you are aware but there has been something of what I hope to be a minor setback in a decision a few doors down from that. I am hopeful that the Trustees appeal that. Which was an overturning of their defeat of a building permit on another piece of property similar, so... MS. MURRAY: Right. We know about that one. But my question is, when will we hear from the Town Board on the issue of enforcing the LWRP, I guess is my question, on that because if you remember, the Trustees resolutions specifically says and noted that their decision was not in compliance with the LWRP and we have done a little bit ofresearch on the LWRP and it seems that the Trustees are required to note in writing in their decision number one, disagrees with that and number two, they are not supposed to make any decisions that go outside the L WRP. Because apparently that puts the Town funding at risk from the state. COUNCILMAN KRUPSKI: Can I take a shot at that? SUPERVISOR RUSSELL: Sure, Albert. Page 37 September 5, 2006 Town of Southold Board Meeting Minutes COUNCILMAN KRUPSKI: The problem with the LWRP is that it is not a document that was compatible with normal government in Southold Town. And when it was adopted last summer. . . MS. MURRAY: I think I would agree with you there. Go ahead. COUNCILMAN KRUPSKI: I spoke to, I was then president of the Board of Trustees and the Trustees always had a lot of concerns about the L WRP and how it would affect local government and its decisions on all different levels, especially at the Trustee level. The problem that we had initially was that you are going to put a bureaucrat in charge of the coordinated review for the Town. Now, at what point is that person going to have control over decisions made by the Trustees (who are a separate, sovereign elected Board) separate from the Town Board. At what point is a bureaucrat going to have authority over their decisions? And that was never answered and I asked Steve Ressler from the Department of State last summer, I said, mechanically how is this going to work? Who makes the decision here? Who is going to be responsible in all these applications? And his response was, well, you will just have to work it out. So there was no mechanics set up to implement the L WRP from the beginning and that, I am not saying, I am not going to defend or I am not even going to comment on the (inaudible) application because I wasn't there to review it at that point and I wasn't part of the decision but, so I don't know how much weight you can put to the L WRP on a decision by an elected Board because it is something we are still trying to resolve. MS. MURRAY: I understand. COUNCILMAN KRUPSKI: We met, you know, last month with members of the Department of State in regard to the L WRP to try to work out the mechanics... MS. MURRAY: And what does the state say about the town, you know, going along with what is in the LWRP because apparently the town passed it, it is basically a law, as far as I can understand my reading of it... COUNCILMAN KRUPSKI: Honestly... MS. MURRAY: That the town must comply in order to get state funding with the consistency law in the LWRP. SUPERVISOR RUSSELL: Let me just clarify, the LWRP has led to several territorial challenges within Town Hall... MS. MURRAY: I understand. SUPERVISOR RUSSELL: ...and with New York State. We actually have some branches in New York State that aren't even honoring the authority we supposedly took under the adoption of the LWRP, so I am not sure that New York State is going to show any leadership in clarifying the L WRP issue, since they have their own territorial disputes with the issue. But I talked about, I would be glad to talk to you individually on that issue because I have talked to some of the Page 38 September 5, 2006 Town of Southold Board Meeting Minutes representatives down there. As a Town Board, I don't think even the LWRP gives us the authority to circumvent the will of another freely elected Board. MS. MURRAY: Well, I mean, if you look at the Waterfront Consistency review section, Chapter 268, Kieran may be familiar with this... ASSISTANT TOWN ATTORNEY CORCORAN: I am. MS. MURRAY: The enforcement section. No action within Southold coastal area, which is subject to review under this chapter, shall proceed until a written determination has been issued from the designated agency, that the action is consistent with the Town's LWRP policy standards. I mean, to me, that says it all. COUNCILMAN KRUPSKI: But that sort of, I think it is kind of a lame law because then all the Board would have to do is write why it feels it is consistent in its opinion and then it can approve anything, any Board. Any of the Boards that have to review under the LWRP, whether it is the ZBA or the Planning Board or the Trustees. MS. MURRAY: Well, it seems that we have a Town LWRP coordinator, who is supposed to be checking all of this. I would think that the Town should go with his recommendations. COUNCILMAN KRUPSKI: Well, then you wouldn't need any Boards. ASSISTANT TOWN ATTORNEY CORCORAN: It is the ultimate, the ultimate decision lies with the Board taking the action. They can take or leave his recommendation. You are correct that if they disagree with it, they are intended to explain why they disagree with it and find that the action is in fact consistent with the LWRP. MS. MURRAY: Right but even if they do that, is it not true that that puts town funding at risk? If it does not comply with the L WRP? ASSISTANT TOWN ATTORNEY CORCORAN: That you would have to ask the Department of State about but it is a consistency law... MS. MURRAY: Right. ASSISTANT TOWN ATTORNEY CORCORAN: ...and you know, we are not here, I certainly am not here to argue whether or not any particular decision of the Trustees is in compliance with that law. That is, you know, that is for you to express an opinion about. But it is certainly a requirement of the law that it be found consistent with the L WRP, that is true. MS. MURRAY: Okay. So maybe perhaps we need to revisit the Trustee issue versus the Town Board, who has the final say.. . SUPERVISOR RUSSELL: The issue of implementation of the LWRP is being revisited, probably weekly at least with the coordinating meetings, etc. but as I am sure that you are Page 39 September 5, 2006 Town of Southold Board Meeting Minutes aware, it certainly has led to some territorial staking out that we need to resolve. MS. MURRAY: I want to say that we are all very happy that you have agreed to extend the LWRP through 2007 (inaudible) SUPERVISOR RUSSELL: The LWRP, I thought, was adopted as a document with no... MS. MURRAY: It was but that resolution just now about extending it through 2007? COUNCILMAN WICKHAM: That is a different law. But we are committed to LWRP, we are not walking away from it. We are trying to work out the wrinkles and make it work effectively. MS. MURRAY: Is there a, other than Mark Terry in town, is there any other body that... ASSISTANT TOWN ATTORNEY CORCORAN: There is an LWRP coordinating committee that.. .. MS. MURRAY: Great. ASSISTANT TOWN ATTORNEY CORCORAN: ....that meets at least monthly, if not more regularly. COUNCILMAN KRUPSKI: And that is one of the things, I am on that committee, that is one of the things that we are trying to work out. There were a number of mechanical things that we have changed. One of the problems is that it is supposed to provide for better home rule for the Town and that hasn't been the case. Any sort of change has to go through the state and the Department of State which means that we have no authority. And we found that we have had great difficulty getting the DEC to honor the commitment that the state made that they would let the towns make the final decisions in a lot of wetland cases, so... MS. MURRAY: So I am sure it is a learning process on both sides, I guess. COUNCILMAN KRUPSKI: Yes. But we are still, I mean, we are still actively trying to work through all of these issues. MS. MURRAY: Okay, well maybe we will revisit this particular property (inaudible) SUPERVISOR RUSSELL: Sure, any time. MS. MURRAY: I wanted to bring up the LWRP (inaudible). Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come? HOWARD MEINKE: Howard Meinke of Cutchogue and a member of the NFEC. Anne spoke, covered pretty much of the territory but I did want to say that there was a lot of enthusiasm to Page 40 September 5, 2006 Town of South old Board Meeting Minutes pass the L WRP and to accept it but an administration or two ago, it was proposed as a possible comprehensive plan for the Town, so it might have certain coordination problems but in the overall it was considered to have a lot of work and there should be an effort to make it work as opposed to an effort to find out the friction points and prove that it doesn't and that bothers me a little bit. Al talked about having a bureaucrat do the consistency, well, having someone who is not subject to elections do consistency makes sense to me and having a senior planner with cred.entials also makes sense to me. But it does say can this consistency review law, that if the coordinator makes a recommendation and the Trustees don't accept the recommendations, it is incumbent on the Trustees to write an answer and explain why they are not accepting the consistency person's ideas. And the Trustees did not do that and if they didn't, they should. And somebody must be responsible for seeing that they do what they are supposed to do. We are not saying that this would overturn the Tsai thing but that was in H right here that they are supposed to do it and they did not do it and nobody is making them do and that is wrong, it seems to me. Thank you. SUPERVISOR RUSSELL: The LWRP was passed and there is a lot of effort and unfortunately a lot of, like I said, acrimony over it at this point because of the, I don't think anybody is working to find the friction points, I think they are just sort of developing as any legislation would lead to. But I do think there is a lot of effort on the part of everybody. Mark Terry, I have to tell you, every challenge we have put on him, he has risen to and he has done so much for this Town in the absence of a full staff there, so I have to give a lot of credit to him in his implementation but he needs willing public officials to go along with him and that is what seems to be, at least in some respects, lacking. COUNCILMAN KRUPSKI: Well, he was also at a disadvantage and when he started and he is trying very hard to make this work. . . SUPERVISOR RUSSELL: Of course. COUNCILMAN KRUPSKI: And he is working very hard to that end. SUPERVISOR RUSSELL: That is right. COUNCILMAN KRUPSKI: But he is at a disadvantage in that the mechanics weren't set in place... SUPERVISOR RUSSELL: Right. COUNCILMAN KRUPSKI: So he took it over and it wasn't set up to work, mechanically. COUNCILMAN WICKHAM: I think the issue is not Mr. Terry or the LWRP, the issue is a Board that is not following the rules that we adopted. A Board that took a decision contrary to the consistency review and has not justified it with a written response and I think we as a Board should look into that. Page 41 September 5, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: By all means. Make a request of them. Let me point out, when the LWRP was passed and I told you last year one of my concerns with it is that it could become a toothless document in that the Town code has not been drafted to honor or match the LWRP. You can't have a Town code that says one thing and the LWRP that says something completely different. That is one ofthe many failures of this Town code. I had actually talked to Mark Terry and we have put together a grant application to New York State to revisit the Town code to make it LWRP compliant. Anytime you are going to pass legislation like that, it is a comprehensive plan, an L WRP, whatever you pass, it is just another document that is toothless unless you have the wherewithal to change the Town code to match it and that is what we have been missing and that is what we are hopefully going to be doing in the near future if we are successful in getting that grant. And we have the support of the Board to revisit the Town code. FRANK WILLS: Good evening, Frank Wills, Mattituck. Also NFEC member. I would like to be very short. In the resolution by the Town Board of Trustees, among about two dozen whereas', there is one number nine, whereas the Local Waterfront Revitalization Program Coordinator finds the application to be inconsistent due to 100 foot setback outlined in Chapter 275 of the Southold Town code and it goes on from there with about another dozen whereas'. (Inaudible) Why did the Board of Trustees not even bother to explain or answer.... COUNCILMAN KRUPSKI: That was, that exact point was one of the things that we discussed at length when the department of State sent three people to Southold and we spent all morning and that was one of the main things, the Board of Trustees has jurisdiction 100 foot upland of wetlands. So, the way that, and that is one of the problems with the LWRP, it doesn't, it is not comprehensive. That means every application to the Board of Trustees is automatically inconsistent and that doesn't seem to make any sense because then you couldn't approve, at that point you wouldn't approve anything within the Trustees jurisdiction. So, and that is one of the things that the Department of State is working with the Town to try to resolve. Automatically, everything is inconsistent. Do you understand that part? MR. WILLS: Up to a point, yes. But I am still interested in getting an explanation. COUNCILMAN KRUPSKI: I am not commenting on the specifics of the application, I am just commenting on that part of it. That the L WRP makes everything inconsistent within that Board's jurisdiction, which is, which doesn't make any sense. SUPERVISOR RUSSELL: I am one of those people that needs everything in black and white and I remember talking to you last year about the L WRP and like I said, I think the problem is poli(:y is not enough. You need black and white law to honor it otherwise, ultimately it could be meaningless. And I didn't want to put too much (inaudible) in the LWRP as written then because the Town code needs to be redrafted to make it more LWRP compliant and in fact it needs to be redrafted for several other reasons as well, halo issues and things like that. You need the Town code to back it up. Would anybody else like to comment on any issue? MYRON YOUNG: Very briefly. I am Myron Young, one of the owners of the property up on Laurel Lake Preserve there. I would like to thank the Town Board, everybody concerned with Page 42 September 5, 2006 Town of South old Board Meeting Minutes this thing, you have got this and this adds to almost the whole thing now and it is indeed a gem. Nothing up there, ours and some next to it, too. Never been touched. And a while back, it has been on the market and a lot of people want to know, the first question that we get, how many houses can I put up there? You know, one guy even wanted to put up a self-storage center there. Anyway, one day I guess Melissa got tired of hearing all of this kind of stuff and she said, 'would you guys be interested in selling that to the Town' and I said, 'I sure would, let me call my brother and sister' and two phone calls later, we are in business. And I thank you all very much for it. I don't think it was a mistake on anybody's part. SUPERVISOR RUSSELL: Don't thank us, we need to thank you. You have made a commitment to preservation back in 97 and again tonight, and it is a stunning piece of property all told. MR. YOUNG: We feel real good about this and you won't be sorry, it is a nice down there. SUPERVISOR RUSSELL: No, we are not. MR. YOUNG: I would be glad to take anybody through, if they want to go, too. I hope it all works out good. The whole dam thing, all the way around. SUPERVISOR RUSSELL: Thank you and your family for everything. MR. YOUNG: You are quite welcome. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Hearing none, move to adjourn. VII. Public Hearinl!:s 1. Set August 9Th, 2006, 1:45 P.M., At the Fishers Island School As the Time and Place of a Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-I1, As Well As SCTM #1000-9-8-3.4, From M-I1 to R-40" History: 08/09/06 ADJOURNED Next: 08/22/06 COUNCILMAN WICKHAM: This is a public hearing at which any member of the public is entitled and welcome to join and address the Town Board on the subject that I will read as follows.: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesday. AUl!:ust 9. 2006. at 1:50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearinl!: for the purchase of open space on property owned by FITF. LLC, Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Page 43 September 5, 2006 Town of Southold Board Meeting Minutes Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately io2.4 acre (subject to survey) of the io3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining ioO.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. SUPERVISOR RUSSELL: At this time, would anybody like to come up and address the Town Board on this public hearing? Melissa Spiro the Land Preservation Coordinator. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. There are two hearings today. One is in regard to the FITF property for the open space purposes and the other is in regard to zone changes. This purchase hearing is now on the land acquisition. It is a fairly complicated but I believe a significant open space purchase on Fishers Island. The property involved in the land preservation application is owned by FITF, LLC of which Dixon Harvey is one of the owners. I have been working with Dixon, so I am going to refer to this as either the Dixon or the Harvey property. The total area of the Harvey property is approximately 3.29 acres. The lot is split zoned, approximately 2.4 acres located on the north side in the R-80 zoning district and approximately .9 acres in the M-Il district. That property is on the south side of the property. The Harvey property contains uplands, rocky beach, land within the coastal erosion hazard line, tidal wetlands and an existing building and a dilapidated or somewhat dilapidated dock. Both the building and the dock are located in the M-Il zoned area. The M-Il Page 44 September 5, 2006 Town of Southold Board Meeting Minutes zoned portion of the property was used years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is under way. The land owner has supplied the Land Preservation Department with extensive environmental reports including a phase II environmental site assessment. The Town open space purchase involves the 2.4 acre R-80 zoned portion of the property only. The Town's acquisition will include all of the existing R-80 zoned property in addition to any land shown on the survey as a 'cobble beach', the beach area sticking out into the harbor. The open space purchase does not involve the currently M II zoned portion of the property. The Land Preservation Committee commissioned an appraisal for the residential portion of the property and made an offer to Dixon Harvey to purchase the property under the Town's Land Preservation Program for open space purposes. Dixon made a counter offer back to the Town which was slightly unusual and also slightly lower than the Town's offer and the Town accepted his offer. The purchase price is $770,000 which is below the fair market value of the property and is thus considered a bargain sale. A contract has been signed by the landowners and is pending Town Board resolution for the Town Board to sign and execute the contract. The contract is subject to and contingent on several conditions and I will briefly explain these conditions: Since the Town is purchasing only a portion of the property, the existing R-80 zoned area, this portion needs to be separated from the l:xisting M-II zoned portion of the property. This requires subdivision approval from the Town's Planning Board. The preservation acquisition is therefore subject to subdivision approval. The lots within the proposed subdivision do not meet the minimum lot area requirements of the zoning code once unbuildable lands are excluded. Therefore, in order for the subdivision to proceed, an area variance from the Zoning Board of Appeals will be necessary. So the land preservation application is subject to ZBA approvals. The subdivision process and perhaps the ZBA process will require other approvals, such as Health Department, DEC etc. So the preservation acquisition is subject to all those other agency approvals. During negotiations with Dixon in regard to the preservation acquisition, the Land Preservation Committee had concerns about what was going to occur on the M-II portion left out of the preservation acquisition. Dixon and his family volunteered some restrictions on future use of the property: There is an existing building on the M-II zoned portion of the property. It was agreed that any future residential use of the property would not exceed 1,296 square feet, the size of the footprint of the existing building. Relocation will be allowed, but the structure will not be allowed to exceed the 1,296 square feet. An attached open, covered porch will be allowed in addition to the 1,296 square foot footprint however, it will not be allowed to exceed the 10 foot by 35 foot in area. In addition, any second story will be reduced in size by the square footage applied to the covered porch. The height of the dwelling will be limited to 28 feet at the peak. No detached accessory structures will be permitted on the property. There is an existing dilapidated dock on the property. The existing dock may be reconstructed and altered in accordance with regulatory pemlits but will be limited to 4 private residential slips and will not be used for commercial purposes. In light of the land preservation application and all of the conditions volunteered for future use of the M-II zoned portion of the property, it became apparent that the M-II zoned portion of the property should be rezoned to a residential zone. The zone change hearing after this hearing involves the zone change of the M-II portion of the property I have been discussing from M-II to R-40 in addition to a zone change from M-II to R-40 on the separate adjacent property to the south. There is also a separate parcel that is also owned by the Harvey family and that is also zoned M-II, that is adjacent to that, it has an additional house on it; that parcel is also Page 45 September 5, 2006 Town of South old Board Meeting Minutes subject to the hearing, the next hearing. The aerial map up front, I don't know if you can all see it from where you are but it shows the zoning code parcels and the other map shows the land acquisition. The Land Preservation Committee reviewed all of the conditions and was in favor of proceeding with the preservation application subject to the conditions. The restrictions in regard to the future house and dock will be recorded within a Declaration of Covenants and Restrictions for the portion of the property not involved in the preservation acquisition. The way this is set up, the land preservation acquisition will not occur until all conditions are met. So, like I said earlier, this is a fairly complicated acquisition as the land preservation acquisition is subject to all of these but I have faith that it will all be able to be worked out and we will come to completion with them. The Town will be using Committee Preservation funds to acquire the property. Once acquired, the use of the property will be limited to passive recreation uses in a manner consistent with the environmentally sensitive nature of the property. We have to work out all of the details, but it is likely that stewardship and management of the property will be funded by the Community Preservation Fund and a stewardship agreement will be developed between the Town and the Ferguson Museum. A management plan for the property will be developed with museum involvement. The Committee and I both feel that this is a significant preservation acquisition for Fishers Island. You all know Fishers Island much better than I do but I do know that this property is extremely visible to all entering the island via the ferry. Preservation will ensure that a house is never built at the entrance to Fishers Island and will allow for passive recreational use of this property. I thank the landowners, who are all here and sitting in different places in the audience, for participating in the Town's preservation efforts and I look forward to working with them to complete all the necessary steps in a timely manner. Both the Committee and I recommend that the Town Board proceed with passing a resolution to purchase this significant property. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the acquisition? PAT MOORE: Good afternoon, Patricia Moore, I am the attorney that came on board and I thank you for the opportunity to come before this Board. I represent Mr. Dixon Harvey and the LLC and it has been a really challenging application, I know that it is going to take a group effort of municipal and owner cooperation. I feel that my job is going to be to move papers along very quickly because we all have the goal of completing the task within a certain period of months. That, we want to thank Melissa, her creativity and the Board's willingness to be creative with respect to this acquisition is making this possible and I think overall it is going to be a very worthwhile project. I thank you and I hope that if the Zoning Board (inaudible) I know Mr. Harvey is certainly available and can show them the property. Thank you. PETER BURR: My name is Peter Burr, I am a member of the Land Preservation Committee of the Town, I am also the coordinator for Fishers Island. I just wanted to re-state what you just said previously. I have worked very closely with Melissa and the Committee and this is our first access to the Community Preservation Fund. It is a tremendous situation and we are very grateful for the Board's support, very grateful for the Committee's support and all of the Town, we have 100 % cooperation. So we thank you on behalf of Fishers Island. SUPERVISOR RUSSELL: Thank you, Mr. Burr. Would anyone else like to comment on this Page 46 September 5, 2006 Town of Southold Board Meeting Minutes acquisition? (No response) Hearing none, can I get a motion? 08/22/06 ADJOURNED Next: 09/05/06 RESULT: CLOSED [UNANIMOUS) MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Set September 5, 2006 At 8:00 Pm, Southold Town Hall As Time and Place for a Public Hearing on Community Preservation Fund Tax COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of August, 2006 a Local Law entitled "A Local Law in relation to extendinl! the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31. 2030" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearinl! on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New Yor'" on the 5th dav of September. 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to extendinl! the expiration date ofthe two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31. 2030" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31,2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the To\'<n Community Preservation Fund and the real estate transfer tax went into effect on April 1, Page 47 September 5, 2006 Town of Southold Board Meeting Minutes 1999. By Chapter 250 ofthe Laws of 2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31,2020, subject to mandatory referendum. The Town Board did enact Local law 49 of2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the PecC'nic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres of land for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31,2020. The State has enacted a Chapter of the Laws of2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of South old is hereby amended as follows: S 17-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in S 1449-bb of Article 31- D of the Tax Law. This Article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, ~ 2030. III. Proposition. Pursuant to a Chapter of the Laws of2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7,2006: Page 48 September 5, 2006 Town of South old Board Meeting Minutes "SHALL LOCAL LAW NO. OF 2006, ENTITLED' A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7, 2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. There is a long further list of history about this, I think it is accurate to say that this extension is being proposed and the Board is taking it up at this time because if it extends to 2030, it would give the Town and other Town's that adopted this, Southold Town is not the only town, all of the Town's that do adopt this would then have the opportunity to bond against it using the proceeds of that 2 % transfer tax to repay the bond. In other words, it gives the town more flexibility in how it would finance the acquisitions using the Community Preservation Fund. The bonding agency could then be essentially be guaranteed that this law would not sunset before the bond was fully paid up. That is the primary reason why I believe this was on the agenda tonight. That is basically all in the scope of the proposal. I have a note here that it has appeared as a legal in the Town Clerk's bulletin board. It has appeared as a legal in the local newspaper. I have one communication which was a telephone message to the Supervisor's office on September I from one Jay Mckasty of Orient. "I am against the extension of this fund. What is the rush? Why can't it be considered in 2010, not now? With the high cost of living and the price of gasoline, this is not the time to be making a decision like this." And I really don't have any further communications on this hearing. ASSISTANT TOWN ATTORNEY CORCORAN: One thing that should be noted is that in the event the Board elects to pass this local law, it will be subject to mandatory referendum in the November election. It will be on the ballot. SUPERVISOR RUSSELL: Would anybody else like to come up and comment regarding the 2 % extension? Melissa Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro, the Land Preservation Coordinator. As noted, the purposes of this hearing and resolution is to extend the present Community Preservation Fund, which currently sunsets in the year 2020, for Page 49 September 5, 2006 Town of South old Board Meeting Minutes an additional 10 years to the year 2030. what I would like to do is just take this opportunity to briefly highlight what the Fund has enabled the Town to do and to voice my support and the Land Preservation Committee's support for the extension. The 2% Fund has been used to acquire development rights on farmland to acquire open space land for open space purposes for trails and passive recreation. The funds allow the Town to provide for the management and the stewardship of the properties that we acquire, that the Town acquires with the funds. To date, the 2% Fund has been used to partially or totally fund 35 completed farmland development rights projects and 24 completed open space projects. To date, over $16 million of the Fund has been used for the Farmland Development Rights project resulting in over 1,400 acres of preserved farmland. Over $11.5 million of the Fund has been used for Open Space projects resulting in over 350 acres of preserved open space. The total revenue from the Fund since its inception in Southold Town including interest, is over $38 million. The Town has expended over $29 million of the Fund, leaving just over $9 million available in our current 2% Fund for our preservation efforts. I did a very quick estimate of the undergoing projects that are at some stage of discussion in my office, really in my brain; on a list that I keep, stuff that we are talking about. And if all of those projects are to come to fruition, they are always changing, the amount of acres and the dollar amount, but if they all come to fruition, I came up with a potential of something over $25 million to purchase those parcels. That would be both Farmland Development Rights and Open Space. And this doesn't really include projects that are not yet on my list and could come in tomorrow. The Community Preservation Fund extension will enable the Town to continue its current preservation efforts and as Councilman Wickham mentioned, it will enable the Town to borrow against the Fund when necessary to do so. I thank the Town Board for your support of the extension and I look forward to overwhelmingly support in the referendum in November. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come before the Town Board? KEVIN MCDONALD: Good evening, I am Kevin McDonald, I serve as the Director of Public Lands for the Nature Conservancy and I came all the way from the south side on a rainy day (inaudible) to tell you that I had the great pleasure to be involved in this initiative when it began in its most iteration in 97 and 98 and I want to thank the Board for taking the action you took, those of you who were here at least, in 1998. this has enjoyed bipartisan support over years in all the Towns (inaudible). You know, there are times when you argue about how well government functions and can you function better and is everything that a government does from time to time not so good and you know, in Washington that is a big deal but this Community Preservation Fund has done everything that they said it would do. It is a generating revenue source, the best revenue source in protecting the very essence and character of the landscape that gives the communities across the east end the physical appearance that it has. We protect wetlands and beaches and farmlands and watersheds and access to waters and hiking trails and all those things that make the east end of Long Island different than the rest of the New York metropolitan area, which is the world's largest populations. And it has done good stuff. For those of you that were around in the beginning and are getting implementing today. So the Nature Conservancy is particularly interested in this being passed for a few simple reasons. The important landscapes that we are identifying as the most significant ecological resource areas on the Island are rapidly Page 50 September 5, 2006 Town of South old Board Meeting Minutes disappearing. And in the next decade we expect those most significant parcels will be protected because of actions taken by this Town Board and other Town Boards and the County or it will be gone because it will have been lost to development. So, when someone says, what is the rush? The rush couldn't be any more real. It is not like you are buying a pencil and well, if we don't buy pencils this year we can buy them next year or the year after. There will always be pencils, there won't always be the important landscapes that define the character and communities of the east end and in particular in Southold. So if you want to protect groundwater, if you want to protect open spaces, if you want to protect the quality of our bays and harbors and wetlands and beaches, I urge you to in the strongest possible way to act affirmatively on this proposal and we look forward to working with anybody so inclined on the ballot referendum this November. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this issue? Mr. Meineke? HOWARD MEINEKE: Hi, my name is Howard Meineke, I live in Cutchogue and I am a member of the North Fork Environmental Council. I am going to take about 30 seconds because Kevin certainly said everything that has to be said but the environmental organizations, the people that spend more than an average amount of time looking at the communities to see how we can save the magic that we have here realize that the Community Preservation Fund is a marvelous thing, it is certainly a high point of bipartisan success that has come out of these (inaudible). Certainly the pressure of development is getting greater and greater and greater, so it should be extended and we should have the money because you don't go around again. This is the last time, thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to comment? (No response) Hearing none, can I get a motion to adjourn? RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. Set Tuesday, September 5 , 2006, At 8:05 P.M., SouthoId Town Hall, 53095 Main Road, SouthoId, New York As the Time and Place for a Public Hearing for the Purchase ofthe Property Owned by Marian G. Young for Open Space Acquisition COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. September 5. 2006. at 8:05 p.m.. Southold Town Hall 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of the property owned bv Marian G. Y ounl!: (or the successors thereto), Said property is identified as SCTM # 1000-125-1-6.3. The address of the property is No # Route 25, and the property is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way Page 51 September 5, 2006 Town of South old Board Meeting Minutes located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 1O.79:t acre portion of the property for open space preservation purposes. The entire property totals 21.9 acres which includes 275:t feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000- 125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 1O.79:t acre area. The estimated purchase price for the 10.79:t acre (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of$100,000/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town's Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SGP A) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that this has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and there are no further communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board? Melissa Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. I am really happy to be here for the preservation of yet another significant property within the Laurel Lake area. As the map in front shows, the preservation efforts in this area have really been successful. Every parcel on that map that has a white label, you probably can't see it all from there, but every parcel with a white label is preserved in one manner or another. There are over 500 acres already preserved and the Young property will Page 52 September 5, 2006 Town of South old Board Meeting Minutes really be a wonderful addition to our already preserved area. The Town purchased the development rights from the Young family in 1997, preserving the farmland area of the property. And the next generation of the Young family has again given us the opportunity to preserve the remaining wooded and lakefront area of the property. The Young property is to the west of property currently owned by the State and it is envisioned that we will extend the existing trail network to include the Young property and hopefully in time we will be able to create a trail looping around the entire Laurel Lake preservation area. Preservation in the Laurel Lake area has achieved many objectives, including preservation of our aquifer and preservation of a diverse and environmentally important area. The existing trail network and the one that will ultimately be completed will forever be a wonderful and important of Southold Town. The Young family and I guess one member of the Young family is here in the audience and 1 really can't thank him enough and his siblings for offering this to us. 1 would just like to add for those of you who have not yet visited the trail, on what used to be known as the McFeely property, 1 encourage you to do so. The entrance is located off Main Road in Laurel and it is currently being improved as what will be the trail head for the Laurel Lake area, which will include, once the acquisition is completed, the Young property. Once again, 1 thank the Young family. We can't do this without the landowners and both 1 and the Land Preservation Committee recommend that the Town Board proceed with this purchase. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come before the Town Board to discuss this issue? (No response) Can 1 get a motion to close? RESULT: CLOSED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 8. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:55 P.M. * * * * * ~f~ Linda J. Cooper Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Thomas H. Wickham, Councilman SECONDER: Scott Russell, Supervisor AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 53